Missouri House Votes to Nullify all Federal Gun Control Measures, 115-42

Missouri House Votes to Nullify all Federal Gun Control Measures, 115-42

Today, in the shadows of a pro gun-rights rally at the state capitol, the Missouri House voted to approve House Bill 436 (HB436), the 2nd Amendment Preservation Act, by a strong veto-proof majority.

Earlier this week, Kansas Governor Sam Brownback signed into law what many are calling the strongest state-level protection against federal infringements on the 2nd Amendment in the country. But that title might be short-lived, as Missouri’s HB436 (and the companion bill, SB325) up the ante.

The bill, which passed by a vote of 115-42, would nullify virtually all federal gun control measures on the books – “past, present, or future.” It reads, in part:

All federal acts, laws, orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null and void and of no effect in this state.

(2) Such federal acts, laws, orders, rules, and regulations include, but are not limited to:
(a) The provisions of the federal Gun Control Act of 1934;
(b) The provisions of the federal Gun Control Act of 1968;
(c) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(d) Any registering or tracking of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(e) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(f) Any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and
(g) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

Ron Calzone of Missouri First, one of the leading state-level organizations supporting the effort, summed it up. He said, “This is the full-blown nullification of all federal firearms laws which are inherently unconstitutional. This will be the strongest defense of the Second Amendment in the country.”

Just a short time before the House vote, a rally of hundreds of people in support of the right to keep and bear arms was held inside the capitol. A number of people were holding signs in support of the legislation, and the companion bill.

That companion bill, SB325 introduced by State Senator Brian Nieves, has already passed the General laws committee in the Senate and will go through a similar process there. Moving both bills simultaneously is an excellent strategy towards passage into law as it will help fast track the measures to the Governor’s desk with enough time on the calendar to override his veto. Inside sources say if the committee move the bill forward quickly, a veto-proof majority is attainable with strong grassroots support.

ACTION ITEMS for Missouri

1. Contact your state Senator. Strongly, but respectfully, let him or her know that you want nothing less than a YES vote on both HB436 and SB325

2. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Please encourage them to email this information to their members and supporters.

3. Encourage your local community to take action as well. Present the 2nd Amendment Preservation Act to your city county, your town council, or your county commissioners. Various local governments around the country are already passing similar resolutions and ordinances. Local legislative action is a great way to strengthen a statewide campaign against 2nd Amendment violations

Of course some clown, in Missouri, “accidentally” gave Homeland Security a list of all of the people who have concealed carry permits, two weeks ago. This is why I have been hesitant to get a concealed carry permit, the more information any government agency gets their hands on the more likely they are to use it against you.

Um last time I checked a state cannot override a federal law. So what happens? MO tax payers get their tax dollars burned up trying to fight something they won’t win. Same kind of dumb stuff happens in Utard. MO, and every other state, would have been better served by their representatives before it gets to this.

When we realize we are the government and have the power stop them and make our lives easier without a stupid rich politician telling us what and what not we are, can, see, do, be or how to, we will be better!

Chris, as noted, it is the SECOND AMENDMENT PRESERVATION ACT, as that is the part of the Constitution that is being infringed when they (Feds) have no Constitutional authority to do so… Once this is sorted out, then we can work on reigning in the Feds overreaching actions on other parts of the Constitution. It took time to get here, it will take time to clear it up!

The SCOTUS is not the supreme arbiter despite their assertion that they are. WE are. Federally appointed judges deciding that they federal government has ever increasing power? Nullification goes back to the idea that the Constitution is a contract between the states and the new federal government that they created. Jefferson himself spoke of the power of the states to nullify unconstitutional laws to keep the federal government from usurping more power.

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Yes and no Landon. Medical cannabis laws are state and federally regulated. Some states will allow you to grow. But at any point, the federal government can come and take your cannabis, arrest you, and imprison you. Even if you have a valid license to grow. Now guns aren’t weed but federal laws do in fact trump state laws.

This decision of 1842 seems pretty conclusive: The ruling upheld the Supremacy Clause of the Constitution in which federal laws take precedence over state laws when.
That is our elected officials talking about protecting the constitution and pissing on it all in the same action.

This issue will be decided by the Supreme Court…not Missouri lawmakers. I live in Missouri and this was a huge waste of our taxpayer dollars just as the lawsuit versus Obamacare was. If you’re wondering where the SCOTUS stands on this you might google Antonin Scalia and see what his take on the 2nd Amendment is all about. In short, he believes there ARE limitations to the 2nd Amendment just as there are limitations to the 1st (you can’t scream fire in a crowded movie theatre or mention a bomb at airports). If Scalia believes there are limitations, you can bet the decision will not go well for all of the “pry it from my cold dead hand types”. And this legislation will mean absolutely NOTHING!!!

Right on Missouri. I have the unfortunate luck to be living in a liberal state so, of course, we will never see our rights protected in this way. We, instead, pay the highest tax per capita of any state. Our state is bankrupt due to over spending, bloated government, and liberal idiots in office.

Yeah it all sounds good in till we think about how the Missouri Highway Patrol released records of all CCW holders to the Fed just last month. So who goes to jail for that. Some libtardfuck has to pay for that don’t they? Can we just break the law for free now and not worry about it?

The law will all come down to the compact therory, and the proper interpretation of the Second Amendment. Remember, the U.S. Constitution was not written for lawyers, but for simple people who mostly had an education below the 8th grade. Therefore, the compact government is Absolutly prohibited from making any laws concerning firearms, except for making sure the trade in arms is regular between the states.

Feds always have supremacy even with businesses, my gf got fired and under missouris labor law n i cant remember which one it is, but it states that the business has to either give last paycheck on day of dismissal and if they cant provide that u can write a letter requesting it, if they dont provide within 7 days they have to pay you until you get it for no more than 60 days. Federal law is different and that’s what businesses go by it trumps state law, lawyers will even tell u that, nonetheless my girlfriend only got paid for the time she was there, n still had to wait 2 weeks.

Great ! The bill of rights were specifically added restrictions the founders put in place to further limit the Governments power over our rights, our rights are not up to the government. Which is why amendment 9 says that “the enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” to cover any they did not specifically mention as outside of the authority of the government.

Sounds great, but what about concurrent jurisdiction and federal supremacy ? It goes like this: there’s a federal jurisdiction, and then there’s State jurisdiction, and when there is an overlap of both, it’s called “concurrent” jurisdiction. In cases of concurrent jurisdiction, there is federal supremacy. This was also by design ingenious, cause federal supremacy ties the nation together where it could fall apart.

This country was founded with principals and laws. If you disagree with them you cant use the federal government to change those laws to fit your agenda, i wont let you. My rights are granted to me by my Creator and they are inalienable.(that means cant be taken away for my liberal friends) if you dont like it succeed. We wont stop you, we want you gone.

Welcome to the sho me state! Hell yeah im not giving up my rights as a united states citizen to own a gun! Some idiot trys to come into my house with my kids there and try to kill us im fighting for my daughter and son!

I am a proud Missourian , I have called in talked to all of the senators n house of repersentives of Missouri in support of this and I am even more proud to say I am from Missouri at this moment. And as saying we are back woods that maybe Kevin, but my graduating class of 1992 was ranked in the top 10% of the nation on our achievement scores, in the little town of newburg , mo. Thank you very much. And further more I also live in a town I don’t have to lock my doors at all, or even take the Keyes out of my vehicles either, so how is the dumb ass now!

Kevin. Don’t be an idiot. The Supreme Court ruled that “a well regulated militia” is the people and not the national guard. Since you think our firearms ownership is supposed to be limited, why not limit free speech? FYI idk if you know this but the second amendment says SHAL NOT BE INFRINGED! Suck on my machine gun

Kevin its the 2nd amendment would you want the 1st to be under this kind of scrutiny? National guard is still a federal army. How could a population protect themselves from a corrupt government if their army is controlled by that government. Its not rocket science….

I love our constitution. I hate imbeciles who read it with no context and suddenly think they’re constitutional scholars. I support and love te second amendment which is why I love our national guard program. Why? Because its a well regulated militia, just like the 2nd amendment says. I love the fact that we vote on laws regulating that because we can vote on it.

Seriously, for all you fuckheads who throw the term “tyrant” around like we’re living under Stalin, try reading some fucking history. We just had a bill presented in the senate. It failed. Democracy in action. In a tyrannical world, there never would’ve been a vote! Dave, please just get the fuck out

Kevin… Here you go, turning it around trying to make it look like anyone who is anti Obama is anti American. Well, it doesn’t work anymore! We’re fed up with your tantrums! Love America! Love my family! Love my guns!! You mister, need to ck into visa plans for out of MY COUNTRY trip!

Why do I even bother checking Facebook? I’m just constantly reminded how people like Dave can be such America haters. Fucking anti-American dipshits. My country, love it or leave it. Mexico can’t be too far away from you. Get the hell out!

Dave’s words are why America is doomed to fail. Say hello to a confederate states of America. After we blow ourselves to shit first. Dave, please tell me you don’t have any friends who hate America like this? I mean what ever happened to “if you don’t love America then get the fuck out!” Clearly you hate America. Canada’s just a stones throw away…

Unfortunately this nullify bit hasn’t worked yet. Almost brought the Union to civil war under president Andrew Jackson. I’d have to read up on the prelude to the Civil War, but think it has its roots in a similar movement. As much as I agree with this it will lead to trouble.

I’m sorry Dennis but you are 100 percent wrong. The states made the federal government not the other way around… and if everybody thought just like you Dennis… nobody would’ve ever ignored the federal Fugitive Slave Act which was a federal law nullified by many states. Learn your history man, nullifcation is the best way to bring back compliance with the Constitution.

Dennis Maggard, first, thanks for your service from a fellow RVN vet. Now to the subject at hand, the Constitution is very plain that the Federal government only has authority and power over the things in the to-do list in that Constitution (the Enumerated powers)! While the fact that the SCOTUS has chosen to increase it’s own power by the so called “supremacy clause” don’t make it so! The SCOTUS has over-ruled a previous SCOTUS decision numerous times throughout our history simply because the previous ruling was unconstitutional! It is important to read the preamble to the bill of rights which is abundantly clear that the BOR was included to restrict the ability of the Federal to usurp the authority of the States! The Constitution, not the SCOTUS, is the supreme law of the land!

Did you somehow forget what administration brought forward the Patriot Act? Yea, Dems hate the 2nd and 10th amendments, but etablishment Republicans equally hate the 1st, 4th, 5th, and 6th. I’ve also yet to see a “Republican” on the federal level, since Reagan, make any real attempt to reduce taxation – they want to spend money just as much as Democrats do, it’s just on different things.

I personally think guns suck. With that said, individual states, and the people residing in those states, should decide law when it’s not specifically isolated in the Constitution as being under federal “jurisdiction.”

You people known nothing of constitutional law. Not even Scalia would say a state can nullify a federal law. Only federal courts can nullify federal laws, by declaring them unconstitutional. Neither state courts nor state legislatures have that power.

I seem to recall some vacating to Canada – in fact, some who did that are now professors at well known colleges and others are highly placed in the government. So people thumb their noses at the federal government all the time.

The Supremacy Clause only applies if Congress is acting in pursuit of its constitutionally authorized powers. So please, all you Supremacy clause folk: where in the Constitution does Congress derive the authority to regulate Arms at all? The 2nd Amendment clearly prohibits congressional regulation thereof.

Republican or Democrat, What a difference it does make, Freedom or Tyranny, vote democrat and become a subject of the State, Vote Republican and maintain your BILL of RIGHTS, and protect your individual Freedom!While the democrats offer to take care of you from cradle to grave, you will live under their rules, all the Republicans have to offer you is the ability to fend for yourself, less taxes, and the Bill of rights not INFRINGED, see the last vote in Senate 54 Senators want to take your rights away.

We have. many times. when people claim “can’t.” but we’re not going to argue with someone who has preconceived notions of both. we’ll continue to reply with “but they are” – because they are. are you going to stop it from happening?